[ D R A F T ]
Marshall R. Williams, Chief
Freedom of Information/Privacy Act Unit
Office of Enforcement Operations
Criminal Division [sic]
U.S. Department of Justice
10th and Constitution, N.W.
Washington [zip code exempt]
DISTRICT OF COLUMBIA
Dear Mr. Williams,
Thank you for your letter dated March 13, 1997. I appreciate the
fact that you have honored my mailing location exactly as shown
on my original FOIA request.
I also appreciate the fact that you have referred my FOIA request
to the Justice Management Division. I presume you have done this
in honor of my request for same on page two (2) of the original
FOIA request.
For your information, I have already appealed this request, in a
proper and timely FOIA appeal submitted to the Disclosure Officer
in the Attorney General's office.
Your letter goes on to state that I can seek judicial review of
this action. You did not, however, specify which federal court
has original jurisdiction over a petition to enforce disclosure
of documents improperly withheld under the FOIA, and to enjoin
withholding of documents properly requested under the FOIA.
In your official opinion, is it the United States District Court
("USDC"), or is it the District Court of the United States
("DCUS") which has original jurisdiction over FOIA enforcement?
I am asking this question because a federal judge in Arizona, in
late spring of 1996, ruled that the USDC is not the proper forum
to bring a request under the FOIA. That can only mean that the
DCUS is the proper forum.
Do you agree or do you disagree? It makes a big difference,
because I do not want to petition a court which does not have
competent jurisdiction, pursuant to Act of Congress.
I will look forward to your timely and considerate response.
Respectfully submitted,
[not signed]
Everett C. Gilbertson, Sui Juris
Citizen of Minnesota state
(expressly not a federal citizen)
All Rights Reserved without Prejudice
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